2018 Labor Law, Q12

Nena worked as an Executive Assistant for Nesting, CEO of Nordic Corporation. One day, Nesting called Nena into his office and showed her lewd pictures of women in seductive poses which Nena found offensive. Nena complained before the General Manager who, in turn, investigated the matter and recommended the dismissal of Nesting to the Board of Directors. Before the Board of Directors, Nesting argued, that since the Anti-Sexual Harassment Law requires the existence of “sexual favors,” he should not be dismissed from the service since he did not ask for any sexual favor from Nena. Is Nesting correct? (2.5%)

Quick check

Under R.A. No. 7877 and Domingo v. Rayala, must a demand for a sexual favor be explicitly spoken in words?

What environment is created when a superior shows offensive lewd images to a subordinate in the workplace?

Under Article 297 of the Labor Code, how is sexual harassment committed by a managerial officer legally classified?

Why is Nesting's argument that he never verbally requested any sexual favor legally untenable?

Choices available with full access.

What ethical standard of conduct is expected from high-ranking corporate executives like a Chief Executive Officer?

Choices available with full access.

Unlock the full Labor Law answers

Learn more about these topics

1. Implied Sexual Favors
Under Republic Act No. 7877 (Anti-Sexual Harassment Act) and Domingo v. Rayala, a demand, request, or requirement for a sexual favor does not need to be explicitly articulated in spoken words. A demand for a sexual favor may be validly inferred or implied from the overt physical, visual, or demonstrative acts of the offender. Showing lewd or obscene pictures to a subordinate in a private office setting demonstrates a clear sexual overture, rendering an explicit verbal demand unnecessary to establish workplace sexual harassment.

2. Hostile Work Environment
Under Section 3 of R.A. No. 7877, sexual harassment includes acts that create an intimidating, hostile, or offensive environment for the employee. When a superior subjects a subordinate worker to offensive visual displays, such as displaying explicit pornographic or lewd images during office hours, it unreasonably interferes with the employee's work performance and creates an intolerable working atmosphere. The creation of such an offensive work environment independently constitutes punishable sexual harassment under the law and company regulations.

3. Serious Misconduct Dismissal
Under Article 297 of the Labor Code and Villarama v. NLRC, sexual harassment committed by a managerial officer or high-ranking corporate executive against a subordinate constitutes serious misconduct and moral perversity. Corporate officers, particularly Chief Executive Officers, are held to a higher ethical standard of conduct. Engaging in acts of sexual harassment violates the trust and confidence reposed by the employer and warrants immediate termination from employment for cause without entitlement to separation pay.

About these questions and answers
The questions reproduced here are the official texts of the Philippine Bar Examinations, published by the Supreme Court. They are reproduced for study purposes.The suggested answers are the author’s own.

They are not official answers, have no connection with the Supreme Court, the Office of the Bar Confidant, or any bar review institution, and are not endorsed by any of them. Official answer keys, where released, should be preferred over anything here.Nothing on this page is legal advice, and reading it creates no lawyer-client relationship. Do not rely on any suggested answer in an actual legal matter. Consult counsel on your own facts.Suggested answers reflect the law and jurisprudence the author considers applicable as of the date shown.

Where a question comes from an earlier examination, the suggested answer applies the law as it now stands, which may differ from the law in force when the question was given, and may therefore differ from what would have been the correct answer at that time. Where the difference is material, the answer notes it.The practice scoring feature measures wording overlap with the suggested answer. It is not a grade, carries no official weight, and says nothing about whether your reasoning is sound.Errors are possible. If you find one, please tell me and I will correct it.Last reviewed: October 2026